Re: Disability & Termination of Employment

[Guest guest]

,

My 480 hours of FMLA is completely used up for the year, so I am not

covered by FMLA. I believe they can legally terminate me since FMLA

is no longer applicable. But my company really doesn't know much

about my illness other than it is neurological and progressive (I had

the MDA send them a letter). But they probably don't even know or

understand that. The last time I talked with someone in HR, she

asked me " are you better? Has your doctor released you yet? " I just

told her " no " and nothing else.

In your situation, are you still considered an employee and don't

have to pay COBRA? You just continue to pay your regular employee

share of the insurance?

Sorry if I seem negative, but I can't imagine what good could be

accomplished if I call HR and tell them I will never be returning to

work.

Rob

[Guest guest]

Rob, I'm quite sure it would be illegal for him to fire you. Short term

disability automatically turns into long term disability when the time has

elapsed according to your company policy. If you were off due to an injury

and had the capacity to heal, they would probably expect that you would

return one day. But you have a progressive illness and it's highly unlikely

that you'll miraculously recover to the point that you could return. When I

became disabled my company knew right from the beginning that I would not be

returning to work. I also worked for a very large company. I've been on

disability for 3 1/2 years now and all I have to do is get an updated

doctor's certification once a year to prove that I'm still disabled . I

think you'll be fine, however you might want to check with your attorney.

Just another note, when you do switch to LTD, I'm sure you will be required

by your company to apply for Social Security. Most LTD policies are the same

in that regard. Be prepared for a reduction in your disability benefits if

you're approved by SS. That was a big surprise to me when it happened.

K.

[Guest guest]

Rob, In my situation, I worked for my company for 22 years. I paid premiums

for STD and LTD for all those years. I first used up my sick days, then STD

before it turned into LTD. I am no longer considered an employee, but I

don't pay COBRA either. I am considered a terminated employee on LTD, and

therefore am able to purchase life & health insurance at the employee group

rate. I will receive non-taxable disability compensation which is 60% of my

salary (less my social security) until I'm 65. I am now 46. I can no

longer add to my 401K, nor do I have any other benefits. The health

insurance is the big one, though. Do you mind me asking if you purchased

STD/LTD through your company or did they pay the premium for you? If you

don't have that protection, I'm not sure what your options may be. I wish

you luck with this; I know what a scary time this can be. K.

[Guest guest]

Thanks for the info . My company paid the base STD & LTD. I

paid a small premium for " buy-up " STD so it kicks in at 14 days of

disability instead of 60. I should probably call the benefits

department and ask, but I doubt they will provide any useful info.

My disability also pays 60%. How do I know if it's non-taxable?

Thanks

Rob

[Guest guest]

Rob,

I had an option to purchase either non-taxable benefit coverage or taxable.

I paid just a little bit more premium for the non-taxable. If you don't

have the info in your benefit manual, HR will be able to tell you. I was in

very close contact with my HR department through the whole process. In fact

I worked another 6 weeks after my doctor recommended by termination. I had

a salary increase pending, and since my LTD benefits until age 65 would be

60% of my ending salary, I toughed it out until I got my salary increase.

I have to say my company was really decent about the whole thing. I don't

feel guilty, though. I worked my butt off for them for 22 years. Good

luck!

K.

[Guest guest]

if you paid for your disability insurance then the disability payments are

tax free. If your company paid for the insurance for you then it is taxable.

been there done that.... Cathleen in Arkansas